A jury of five women and seven men found former U.S. President Donald Trump guilty on all 34 charges of falsifying business records to cover up money payments to a porn star. After the verdict, Trump went berserk and said – “I am a very innocent man. This was a rigged, disgraceful trial. This was done by the Biden administration in order to hurt a political opponent”.

 

Stormy Daniels now becomes the first porn star at the centre of Trump’s criminal conviction that not only could see the first former president sentenced to probation or up to 4 years on each count in state prison – with a maximum of 20 years – but also plunges the nation into uncharted waters. While Trump can still run and could even win the 2024 presidency, his chances are now greatly affected.

 

Trump got into trouble when he paid 45-year-old Daniels, whose given name is Stephanie Clifford, a staggering US$130,000 to stay silent about their sexual encounter, a payment scheme disguised as reimbursement to former lawyer and personal fixer Michael Cohen as legal expenses to hide the hush money. Prosecutor said doing so violated election rules, which amounted to “election fraud” prior to the 2016 election.

Ms Daniels testified in vivid detail about her encounter with Mr Trump in a hotel penthouse in Lake Tahoe, Nevada, where the two met at a celebrity golf tournament. Sharp-witted and confident during cross-examination, she revealed how 77-year-old Mr Trump invited her to his hotel suite for dinner, and during their conversation he suggested she appears on his reality television show – “The Apprentice”.

 

Working as an exotic dancer on the weekends at the age of 17 to support herself, and later ventured to nude modelling and adult films, Daniels testified how she found Trump on the bed in his boxer after she emerged from the bathroom back in 2006. Donald Trump told her that having sex with him was the only way she would get out of the “trailer park”.

 

While she did not enjoy the sex, the porn star also did not turn down Mr Trump’s advances. In fact, Daniels claimed that she “blacked out” and did not remember how she got into bed with her clothes off. It was not until the Wall Street Journal “blew her cover” in 2018 that her life turned upside-down and chaotic. But it didn’t matter whether she had lied to make money, as Trump’s lawyers tried to attack her.

The damage was already done when Cohen and Daniels both testified that the money was to prevent her from selling to media her story of having sex with Trump back in 2006, months after his wife Melania Trump gave birth to their son Barron Trump. Cohen said Trump instructed him to pay Daniels to prevent her from jeopardizing his chance of winning the White House in 2016.

 

Judge Juan Merchan will decide on June 11 the punishment for the former POTUS,  just days before the Republican National Convention, where the twice-impeached Trump is set to be formally confirmed as the GOP’s presidential nominee. The next move will see both prosecution and defence submitting sentencing memos – in which each side presents arguments in favor of its preferred punishment.

 

Donald Trump will also sit for an interview with a probation officer for a presentence report, the results which include sentencing recommendations for Judge Merchan to consider. Trump’s sentence could include fines and restitution, probation or other conditions, but a sentence of imprisonment is still possible, even though the charges are Class E felonies, the least serious category under New York law.

In deciding Trump’s sentence, the judge has to consider many factors, including the former Commander-in-Chief’s age of 77 and his lack of a prior criminal record. However, Trump’s conduct during the trial, where he publicly attacked the judge and accused him of political bias, hence forcing Merchan to accuse Trump of trying to “intimidate” the court, could work against Trump.

 

Trump is certain to appeal the verdict, although it is highly unlikely that he will be thrown into prison. Judge Merchan once told Trump that punishing him with jail time was “the last thing I want to do.” He said – “You are the former president of the United States, and possibly the next president as well.” It would also be a logistical nightmare to send a former president to jail.

 

Interestingly, the U.S. Constitution does not bar felons from holding its highest office – the Oval Office. It just requires that American presidents be natural-born U.S. citizens, at least 35 years old, and have lived in the country for at least 14 years. If Trump fails in his appeal in the New York Appellate Division’s First Judicial Department, he may appeal to the Court of Appeals, New York’s highest court.

Still, the conviction could boost Trump’s chances in the November election. Polling shows voters felt better about their economic standing under Trump than under Biden. Americans trust Trump more than Biden on the economy and inflation. Trump can also take comfort that Biden continues to have problems maintaining support with Black, Hispanic and young voters.

 

Because the appeal process may take months or even years, Trump could win a second presidential term this year before the result of the appeal is made. And if he is elected president, it’s almost certain that he would stay out of custody while in office – to prevent interference with his official duties. But “President Trump” cannot pardon himself because this is a state offence, not federal offences.

 

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May 31st, 2024 by financetwitter

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